Suffering a workplace injury is stressful enough without having to worry about losing your job. Unfortunately, it is a concern many injured workers face. If you receive workmans’ comp in Missouri and lose your job, contact Steelman Gaunt Crowley at (573) 341-8336 to understand your rights and next steps.
Understanding Workers’ Compensation in Missouri
Workers’ compensation is a no-fault insurance system designed to provide benefits to employees who suffer job-related injuries or illnesses. According to Missouri’s Department of Labor & Industrial Relations, most employers with five or more employees (or one or more employees in construction) are required to carry workers’ comp insurance.
Employees injured on the job in Missouri may be entitled to several key benefits. These benefits are designed to support injured workers as they recover and work toward rejoining the workforce. Common benefits include:
- Medical care for the injury
- Temporary total disability (TTD) benefits are available if the individual is unable to work during recovery
- Temporary partial disability (TPD) benefits if they can return to work in a limited capacity
- Permanent disability benefits
- Vocational rehabilitation in certain situations
Can I Lose My Job While on Workers’ Comp in Missouri?
Missouri follows the at-will employment doctrine, meaning employers can generally terminate employees at any time and for nearly any reason, provided the reason is not illegal. This includes employees who are receiving workers’ compensation. However, terminating someone because they filed a workers’ compensation claim is strictly prohibited under Missouri law.
Retaliatory Termination Is Illegal
Missouri law forbids employers from retaliating against employees for exercising their rights under the state’s workers’ compensation system. If an employer fires a worker because that worker filed a claim, it could serve as grounds for a retaliatory discharge lawsuit.
To prove retaliation, an employee generally must demonstrate the following:
- They were injured while performing job duties
- They filed or attempted to file a valid workers’ compensation claim
- They were subsequently terminated
- The termination was connected to the filing of the claim (and not due to unrelated misconduct or a broader company layoff)
How To Document Retaliation After Filing a Workers’ Compensation Claim
When an employee suspects retaliation after filing a workers’ compensation claim, thorough documentation is critical. Proper records can help establish a pattern of unfair treatment and strengthen any potential legal claims. These records include:
- Maintain a Written Log: All incidents that may appear retaliatory, such as demotion, job duty changes, disciplinary actions, or termination, should be recorded in detail. Each entry should include dates, times, names of involved parties, and what occurred.
- Preserve Communications: Emails, text messages, letters, and other written communications referencing the injury, the workers’ compensation claim, or job status should be saved. These may provide evidence of employer motivations.
- Identify Witnesses: If coworkers observe questionable actions or statements by supervisors or HR, their names and observations should be documented. Witness testimony can support a retaliation claim.
- Organize Medical and Claim Records: Keeping copies of medical evaluations, work restrictions, and claim documents helps show the employee acted within their legal rights and followed proper procedures.
What Happens To Workers’ Comp Benefits After I Lose My Job?
Even if an employee is legally terminated while receiving workers’ compensation in Missouri, that does not necessarily mean the benefits will end.
Medical Benefits
The injured worker is still entitled to medical care for the job-related injury, as long as the treatment is authorized by the employer’s workers’ compensation insurance provider. This may include follow-up appointments, physical therapy, prescriptions, or surgical procedures.
Wage Replacement (TTD/TPD)
If a physician has determined the employee is unable to work and they were receiving TTD benefits at the time of termination, those benefits generally continue as long as the individual remains medically unable to work due to the original injury. If the injured worker was on light-duty work and receiving TPD benefits at the time of termination, eligibility may be affected depending on the reasons behind the dismissal.
What if I Lose My Job and am Fired “For Cause”?
If an employer terminates a worker for misconduct, such as violating company policies or failing a drug test, they may attempt to argue that the employee is no longer entitled to certain wage replacement benefits. However, even in these cases, the injured worker may still be eligible to receive medical treatment under the workers’ compensation system.
Every case is unique, and a termination for cause does not automatically end workmans’ comp. To fully understand what benefits may still apply, it is important to consult an experienced Missouri personal injury attorney at Steelman Gaunt Crowley.
Can I Still Settle a Workers’ Comp Claim If I Lose My Job?
Many workers’ compensation claims in Missouri are resolved through settlements between the injured worker and the employer’s insurance carrier. Being fired after filing a claim does not prevent settlement negotiations or potential compensation. In some situations, being fired may increase the overall value of a workers’ compensation settlement, particularly if the termination impacts the worker’s long-term earning potential.
What if I Lose My Job and Need to Find a New Job?
Being terminated during recovery can be emotionally and financially draining. If the treating physician clears the worker for light-duty or modified work, and the former employer cannot accommodate those restrictions, the employee may need to seek new employment.
In some instances, the injured worker may qualify for:
- Vocational rehabilitation services (though not guaranteed under Missouri law)
- Continued wage replacement benefits while searching for suitable employment
- A workers’ comp settlement that reflects a reduced earning capacity
Steps To Take After Being Fired While on Workers’ Comp
Injured workers should maintain a detailed record of their injury, workers’ compensation claim, including all communications with their employer, and the stated reason for termination. In addition, these workers should:
- Continue medical treatment: Injured workers need to attend all medical appointments and follow treatment plans, even after losing their jobs.
- Consider consulting with a qualified attorney: A Missouri personal injury lawyer may be able to determine whether the termination was lawful and whether any additional claims may be warranted.
- Consider other legal options: In some cases, a fired worker may also have a valid wrongful termination or employment discrimination claim, depending on the circumstances.
FAQ
1. Can I lose my job while receiving workers’ comp?
Yes. In most cases, an employer can legally terminate or lay off an employee even if they are receiving workers’ compensation benefits, unless the firing is illegal retaliation for filing a claim.
2. Do workers’ comp benefits stop if I lose my job?
Not necessarily. If your injury claim has been accepted, medical coverage and wage-replacement benefits typically continue, even after termination.
3. What benefits continue after job loss?
- Medical benefits: Treatment, therapy, medication, or surgery related to the work injury usually remain covered.
- Wage-replacement benefits: Disability payments continue as long as a doctor certifies you are unable to work due to your injury.
4. What happens if I was on “light duty” work when terminated?
If you were offered light-duty work within your restrictions but were terminated, benefits usually continue if you remain medically unable to return to your regular job.
5. Can I take legal action if I was fired for filing a workers’ comp claim?
Yes. It is illegal in many states for an employer to fire someone solely for filing a workers’ compensation claim. This could constitute wrongful termination.
6. Could losing my job affect long-term benefits or settlement value?
Possibly. If the job loss affects your ability to return to work or lowers your future earning potential, it may impact long-term disability benefits or the total value of your workers’ comp settlement.
Contact Steelman Gaunt Crowley To Learn More About Your Legal Options
Losing your job while on workers’ compensation can feel like a devastating setback, but it does not have to be the end of the road. You may still have rights, and you may still be entitled to significant benefits. To learn more about what happens to your workmans’ comp if you lose your job, contact Steelman Gaunt Crowley today by calling us at (573) 341-8336.